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ACongressional _______
f g he tgtie debate i 1914
Things of Value and the Foreign
Contribution Ban
October 28, 2019
The Federal Election Campaign Act (FECA), as amended, prohibits foreign nationals from contributing
money or other thing[s] of value in connection with a federal, state, or local election. A thing, as one
dictionary has it, is some entity that cannot be specifically designated or precisely described. Sure
enough, the scope of this ban has largely proven blurry, inconsistent, and frequently contested. FECA's
prohibition has been the subject of much debate in the wake of congressional inquiries over the Trump
Administration's dealings with Ukraine earlier this year. This Sidebar introduces the debate in three parts:
first, it provides an overview of historical developments that led to the present statutory language; second,
it discusses the relevant code and regulatory sections that compose the ban; and third, it reviews patterns
and practical difficulties arising in the interpretation and enforcement of this prohibition, with special
attention to opposition research and the contribution of information. The post concludes with
considerations for Congress.
History of the Foreign Contribution Ban
Concerns over foreign interference in domestic affairs date to America's founding, when delegates to the
constitutional convention feared that the new nation would make a tempting target for European powers
willing to pay for influence and compliance. Alexander Hamilton warned, One of the weak sides of
republics, among their numerous advantages, is that they afford too easy an inlet to foreign corruption.
In response, the Constitution's drafters tried to inoculate federal leaders and institutions from outside
meddling. Members of Congress and the President, for example, must satisfy U.S. residency and
citizenship requirements, and officeholders are prohibited from accepting presents, emoluments, offices,
or titles of nobility from foreign states without the consent of Congress.
These concerns extended to more modem times. Fearful on the eve of World War II that the Nazi
German government had established an extensive underground propaganda apparatus, in 1938 Congress
enacted the Foreign Agents Registration Act (FARA), which in its original form required agents of foreign
entities engaged in political work in the United States to register with the federal government and to
Congressional Research Service
https://crsreports.congress.gov
LSB10358
CRS Legal Sidebar
Prepared for Members and
Committees of Congress](ViewImageLocal?handle=hein.crs/govbbok0001&div=1&collection=&method=preview&ext=.png&size=3)
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